Indian Penal Code, 1860, Section 376 -- Rape - Neither there is any medical evidence of rape on victim, nor any oral evidence except statement of mother and brother of victim, who stated that when victim returned home after incident, she said that accused raped her - Prosecution failed to prove the case against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - Victim under 12 years of age - Sustaining of wound on male organ may or may not occur...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 3, 45 -- Rape - Prosecutrix under 12 years of age at time of occurrence - Oral evidence coupled with ossification test report successfully establish that prosecutrix was under 12 years of age at time of occurrence - As per doctor accused was capable of committing sexual intercourse - Evidence of victim..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - Non production of wearing apparels of victim or chemical examination report during trial - No ground to disbelieve prosecution case...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 6, 8, 157 -- Rape - Res gestae - After incident victim rushed to her house and immediately disclosed incident to her parents and brother - Statement made by victim was contemporaneous to acts immediately done to constitute offence - Such acts forming same transaction, proximity of time, continuity of..........
Evidence Act, 1872, Section 112, 114, Indian Penal Code, 1860, Section 376, 417 -- DNA test - Rape case - Allegation that accused cohabited with prosecutrix on the false promise of marriage as a result she become pregnant and gave birth to a child - However, during cross-examination defence put a suggestion that accused has not fathered the child born to prosecutrix - In..........
Indian Penal Code, 1860, Section 376, 384, 506, Prevention of Food Adulteration Rules, 1955, Section 4, 6 - - Rape in park - Difficult to believe that nobody was present in the park and that such an act took place in an open public place at 7 to 8 p.m. in the month of April - Conduct of prosecutrix highly unusual that after rape she went to the house of her friend and she..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim aged 14 years was set ablaze by accused after raping her - She died after 2 months of incident - Incident was witnessed by brother of victim PW5 through a slit in the door - Victim stated her in dying declaration that she made hue and cry on commission of rape and also being threatened that she would narrate the..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prosecutrix was an adult and mature lady of around 40 years at the time of incident - She herself admitted that she was in relationship with accused for the last two years prior to the incident - More so, evidence as a whole including FIR, testimony of prosecutrix and MLC report prepared by medical..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Promise of marriage - Accused and prosecutrix both loved each other, believing their marriage would be performed in future - Prosecutrix specifically stated that only due to intervention of relatives of accused, he has not been able to marry her - It is quite clear that conduct of accused would not come within the purview..........
